Regarding false sexual harrasement
Regarding false sexual harrasement
A girl made False sexual harassment in the workplace and IC didn't interrogate my side witness Even though I asked for a polygraph test and didn't check the CCTV footage-blamed me for all.... after t
2 months ago
A. Dear Client,
As the IC enjoys same power as that of a civil Court, its decision is taken as a decree. You can file case before the labour Court and request for condonation of delay, only if you can present suffice evidence and cause for the delay before the court of law. The Limitation Act sets time limit for appeals to the High Court, that is 90 days from the date of Judgement or decree. You have to give sufficient cause for requesting the condonation of delay. It is preferable to approach the ...ReadMore
Vidhikarya
Workplace harassment and hostile working environment
Work for an MNC, filed a HR complaint against my manager for calling poor performance inspite of achieving quota, he tried changing my role, no appreciation on mails to team mentioned names of others
2 months ago
A. Dear Client,
Your situation appears to involve significant workplace harassment and potential constructive dismissal under Indian labor laws. Based on the details provided, it seems you have been subjected to ongoing hostile actions by your manager despite HR's initial investigation confirming your complaints. This has ultimately forced you to resign due to intolerable working conditions, which could be viewed as constructive dismissal. In India, the Industrial Disputes Act, 1947, provides for t ...ReadMore
Vidhikarya
Termination shown as resignation, done salary adv recovery from my FnF
I have been terminated in an internal proceedings of a sexual harassment against me by a company employee, wrongfully, my stand and witness did not taken into serious consideration and in final report
5 months ago
A. Dear Client,
Resignation from your job may weaken your case compared to being terminated by the company. However, if you have evidence that the company coerced or pressured you to resign, you can still pursue legal action for wrongful termination and injustice.
Vidhikarya
Legal advice
The victim sent a complaint letter to HR saying that she is quitting her job due to harassment. And since there was no information about the posh policy of the company, the victim did not file a legal
5 months ago
A. Dear Client,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the 'PoSH Act,' is a legislation in India aimed at creating safer work environments for women by addressing and resolving incidents of sexual harassment. Enforced by the Ministry of Women and Child Development since December 9, 2013, the law defines sexual harassment and establishes procedures for filing complaints and conducting investigations.
Under Section 9(1) of ...ReadMore
Vidhikarya
Legally advice for sexual harassment case
Even if the contract and onroll female employee has been working in the company for 5-6 years, posh policy training has not been given. After harassment, the employee has to leave the job due to lack
5 months ago
A. Dear Client,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act,’ is an Indian law passed to make offices safer for women by halting, restricting, and resolving sexual misconduct against them in the organization. The Ministry of Women and Child Development made the law effective throughout India on December 9, 2013, characterizing sexual harassment and establishing the processes for lodging a lawsuit and conducting an ...ReadMore
If any male person has trapped
If any male person has trapped & female employee has reported framed & cooked story to ICC under POSH act, what is the tools for male employee
6 months ago
A. Dear Client,
The POSH Act, 2013, explicitly protects aggrieved women from sexual harassment in the workplace but also includes provisions to address false or malicious accusations. It ensures that all individuals, including men, have a redressal mechanism to plead their case if they are falsely accused. The Act upholds the principles of Natural Justice by providing equal opportunities for all parties to be heard.
Section 14 of the POSH Act, in conjunction with Rule 10 of the POSH Rules, deals ...ReadMore
Vidhikarya
I want to enquire about posh complaint against me
I have asked a colleague out for casual hookup on a social media platform. I did it only once. She has raised a posh complaint against me. Will I get fired for this?
6 months ago
A. Dear Client,
The consequences of asking a colleague for a casual hookup can vary depending on the workplace policies, the nature of your relationship with the colleague, and the local laws and regulations. In many workplaces, such behavior may be considered inappropriate or could potentially violate harassment policies.
It's important to respect boundaries and maintain a professional environment at work. If your colleague has raised a complaint, it's crucial to take the matter seriously. Your ...ReadMore
Vidhikarya
Law regarding consumption of alcohol during office hours
My wife's employer frequently organizes office parties, disguised as meetings, off-site during regular work hours. During these gatherings, a few male executives often consume alcohol. On several occa
6 months ago
A. Dear Client,
Women experiencing sexual harassment at the workplace can file a complaint under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 with the Internal Complaints Committee (ICC) established by the employer, adhering to the Act's guidelines. Employers should establish clear reporting channels and ensure that employees understand the procedures for addressing harassment. Sexual harassment encompasses verbal, visual, and physical ...ReadMore
Vidhikarya
Sexual assault
How the sexual assault case work in india and what's the procedure and also what kind of proof you need with you specially if you are a girl.
7 months ago
A. Dear Client,
1. An FIR needs to be filed in the nearest police station.
2. Since 2013 (Criminal Law Amendment Act, 2013), when any information is given by a women regarding Commission or attempt of sexual harassment, outraging her modesty or rape then such information shall be recorded, by a woman police officer or any woman officer.
3. Victim has a right to be represented by a lawyer from the beginning of the case, i.e. from lodging of an FIR at the police station till the final outcome of th ...ReadMore
Vidhikarya
Adding advocate in quashing case in HC
We want to add an advocate in our quashing of FIR case in HC, is it possible? & how?
8 months ago
A. Dear Client,
Yes, it is possible to add an advocate in your quashing of FIR case in the High Court. To do so, you should communicate with your current legal representative and express your desire to engage a specific advocate for additional assistance. Your existing lawyer can then file a formal application or seek permission from the court to include the new advocate in the proceedings. This typically involves submitting a written request stating the reasons for the addition and providing the r ...ReadMore
Vidhikarya
